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89-4060 Policy Procurement of Block Grant FundsKinn -Cox Printing — Salina, Kansas u RESOLUTION NUMBER 89-4060 A RESOLUTION ESTABLISHING A POLICY FOR PROCUREMENT OF SUPPLIES, EQUIPMENT, CONSTRUCTION AND SERVICES WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Salina, Kansas, desires to ensure that sound business. judgement is used in all procurement transactions and that supplies, equipment, construction . and services are obtained efficiently and economically and in compliance with applicable Federal, State and Local laws, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas, that the following be made a part of the policy of said city: Section 1. This policy applies to. the procurement of all supplies, equipment, construction and services for the City of Salina paid for with Community Development Block Grant funds. Section 2. No elected official, staff or agent of the City, who exercises any function or responsibility in. connection with the carrying out of a procurement shall benefit from the procurement. Should the City contract with an outside entity for services or materials, no employee of said outside entity shall benefit from the involved activity beyond payment for services or materials agreed upon. No elected official, staff or agent of the City, who exercises any function or responsibility in connection with procurement, shall solicit or accept favors or gratuities from contractors or potential contractors, except that such persons may accept unsolicited advertising or promotional items. The standards used to determine what are favors or gratuities are found in K.S.A. 46-237 (a) and (d). Any elected officials, staff, or agent of the City who exercises any function or responsibility in connection with a given procurement who is found in violation of this policy, shall reimburse all financial benefits he/she has received and shall return all favors or gratuities accepted from contractors or potential contractors. Section 3. All procurements, regardless of dollar amount, must be conducted to provide maximum open and free competition. Procurements shall be reviewed by the appropriate department supervisor to avoid unnecessary duplicate purchases and to ensure costs are reasonable. 'All payments of bills must be authorized by the Finance Director. Payment for bills will not be authorized if they are not in compliance with this policy. KUh, C . Printing — Salina, Kansas The award of contracts and procurement requests over $10,000 will be authorized by the City Commission and the final selection of the consultant, contractor, or goods and service provider will be made by the City Commission. The method of contracting will be appropriate to the procurement (fixed price, cost plus fixed fee, purchase orders, etc.) . In Federally funded projects, cost plus percentage of cost contracts are prohibited. When competitive bidding procedures are followed, the award of contracts will be made to the lowest responsible bidder, taking into consideration conformity with the specifications and other criteria included in the Request for Bid. There will be no discrimination with regard to race, age, sex, color, national origin, ancestry, marital status, or handicap in procuring goods and services. Positive efforts will be made to utilize disadvantaged businesses and/or women -owned businesses in the notification and possible award of contracts. Section 4. Procurement of goods and services will be made by one of the following methods: (A) small purchase procedures; (B) competitive sealed bids; (C) competitive negotiation; or (p) noncompetitive negotiation. .These procedures are described as follows: (A) Small purchase procedures The City will follow standard procurement procedures for procurement of services, supplies, or other property, costing in the aggregate no more than $10,000. Price or rate quotations will be. obtained from an adequate number of qualified sources; approximately three sources will be contacted. Documentation of quotations will be placed 'in the procurement file. For procurements under $500, a price or rate quotation from one source is considered adequate. (B) Competitive sealed bids Competitive sealed bids are publicly solicited through formal advertising, and a firm fixed price contract (lump sum or unit price) is awarded to the lowest responsible bidder who conforms with all materials terms and conditions of the Request for Bid. 1. Appropriate conditions in order for formal advertising to be feasible must be present, including, as a minimum, the following: i. A ' complete, adequate and realistic specification or purchase description. Kuhn -G , Printing — Salina. Kansas 1 1 ii. Two or more responsible suppliers or contractors who are willing and able to compete effectively for the City's business. iii. The procurement lends itself to a firm fixed price contract, and selection of the successful bidder can be appropriately made primarily on the basis of price. 2. When formal advertising is used for a procurement, the following requirements will apply: i. A sufficient time prior to the date set for opening of bids which are solicited from an adequate number of suppliers or contractors. In addition, . the Request for Bids will be publicly advertised in a newspaper `of general circulation. ii. The Request for .BJds, including specifications and_ pertinent attachments, will clearly define the items or services needed in order for the bidders to properly respond to the Request. iii. All bids will be opened publicly at the time and place stated in the Request for Bids. iv. A firm fixed price contract award will be made by written notice to the lowest responsible bidder who conforms to the Request for Bids. v. The City reserves the right to reject any or all bids. 3. A bid bond or certified check in the amount of 5% of the bid amount shall be required on all construction bids and may be required on other competitive bids. (C) Competitive negotiation With , competitive negotiation, Request for Proposals are solicited from a number of sources. 'Competitive negotiations may be used if conditions are not appropriate for the use of competitive sealed bids. If competitive negotiation is used for procurement, the following requirements shall apply: i. Proposals will be solicited from an adequate number of qualified sources to permit reasonable competition consistent with the nature and requirements of the procurement. The Request for Proposals will be publicized in a newspaper of general circulation and reasonable requests by other sources KI -Cox Priming — Salina, Kansas 1 1 1 to compete will be honored to the maximum extent practicable. H. The Request for Proposal will identify all significant evaluation factors, including price or costs where appropriate. iiia The City will provide mechanisms for technical evaluation of the proposal received, determinations of reasonable competitors for the purpose of written or oral discussions, and selection for contract award. iv. The City may use competitive negotiation procedures for procurement of architectural/ engineering and other professional services whereby competitor's qualified and proposals are evaluated and most highly evaluated competitor is selected, subject to negotiation for fair and reasonable compensation. v. Awards will be made to the responsible competitor whose proposal will be most advantageous to the City, price and other factors considered. Unsuccessful competitors will be notified promptly. (D) Noncompetitive negotiation This is a method of procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined to be inadequate. Noncompetitive negotiation may be used under the following circumstances: i. The item in question is available from only a single source. ii. After solicitation of a number of sources, competition is determined to be inadequate. iii. Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive negotiation. iv. Sole source procurement for supplies, equipment, construction, or services of $10,000 or more must have prior approval of the City Commission. KAI-Cox Printing — Salina. Kansas 1 1 1 (E) Another method of procurement must have prior approval of the City Commission. Section 5. Performance bonds and certificates of insurance may be required on any procurement as determined by the City Manager. Construction contracts shall require a 100% performance bond and a 100% statutory bond. Section 6. This is a basic procurement policy document. It is understood that individual departments of the City government will have additional requirements 'related to specific needs or situations and certain procurements may have additional or different. requirements imposed by law or regulation. Section 7. This resolution shall be in full force and effect from and after its adoption.- Adopted doption:Adopted by the Board of Commissioners °and signed by the Mayor this 13th day of February, 1989. [SEAL] ATTEST: Ao- � 5L-W� Jacquepine Shiever, City Clerk Sydney Soderberg, Mayor